Glacial Aggregates LLC v. Zielonka , 823 N.Y.S.2d 734 ( 2006 )

Appeal from a judgment of the Supreme Court, Cattaraugus County (Larry M. Himelein, A.J.), entered June 17, 2005 in a proceeding pursuant to CPLR article 78. The judgment granted the petition.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed with costs for the reasons stated in decision at Supreme Court. Present— Hurlbutt, A.PJ., Kehoe, Smith and Green, JJ.